What's Next?

needtosave1977

Hi Everyone,

I won't bore you all with the details again, Just wanted to see if what I'd done was right.....I hope so.

Have been paying Mackenzie Hall about £75 a month for the last six months which I have subsequently (thanks to MSE) found out is statute barred.

I sent them the following:

Mackenzie Hall
30 The Foregate
Kilmarnock
Ayrshire
KA1 1JH

19th April 2008

WITHOUT PREJUDICE

Dear Sir/Madam

Account No: xxxxxxxx

With reference to the above I write to state that the above debt is Statute Barred. After seeking legal advice I am advised to state that even though payments have since been made they were after the 6 year period and it remains Statute Barred.

I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".
I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

Needtosave1977


So far I've had no response or call?? How long do I leave it before calling/writing them again?

Are they waiting for me to not pay next months payment? The suspense is killing me....

Thanks in advance for any comments

Cleosmum

Ignore me, Im tired!

alone_and_fed_up

Do not contact them again.

You have stated it is statute barred. They should not have coherced you into paying in the first place.